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PROCEDURE TURNP. ACT Observations on 159 §49
Evidence It is true that if adds therefore but a Magistrate unversed in business, by the perusal of this
general Title, is prepossessed against it the truth. It is true if
he has the good luck to open the Book at the Title of he may find it in the Introduction: but it is not everyone who will think of looking into that Title for an Axiom omitted in another to which it seems so intimately to belong.
Introduction. p. 28
he may there find a where
this evidence in question has been holden to be incompetent: but then,
do not in order to know what is Law under the Title do
not of their own hands turn to that of the Introduction
From these considerations I make no doubt but that many
a conviction has very innocently been passed in violation of this
rule: one I happen to have met with that is on
record + + 3. Burrns 1473. it is one by the bye, that affords the strongest
kind of confirmation (were it wanting) that can be given
for the truth of the authority of the maxim: an experienced a Councel
giving up his Client's cause.
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PROCEDURE 162. § 53
Trustees to grant warrant of Distress
The great Trust to repose is that of sitting in Judgment
to acquit or condemn pass acquittal or condemnation; after condemnation what
follows is of course: & it should seem might as well
be entrusted to persons Commissioners of Turnpikes of this description, as to Commissioners
of Land-Tax, Window Tax & Sewers +
+ Qu. Hawkers &c Salt duties
163. § 53
Quorum to be constant?
Should the Quorum of Trustees consist in every step of the
procedure of the same persons? I should think it
need not as it would be difficult to get 5, allways the same together at once to such
more such a number of which not less fewer than 5 should
be the majority, together at once. In the instance of
the provision for backing Warrants, the part of Judge
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163 § 53.
PROCEDURE is to shift from one Justice to another — there seems no necessity reason
why precisely the same act as issued a Warrant
of Distress should settle the charges of it when made.
Yet perhaps it might be useful to require that one
or 2 of those who proceeded sat at the taking of the 1st
step in the a prosecution should sit proceed throughout.
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PROCEDURE 167 § 49
EVIDENCE
I think there must be some Millions of people in this
Country, who would be long enough before they would be
able to guess how it should ever have happened, that
their living in a place where a man had done what
a Turnpike Act had bid him not do should make them
not fit to be believed: tho' at the same time not one
of them all, but will acknowledge see a good general foundation
for the rule, that an interested person ought
not to be a witness. — When words cost so little
it is would be a pity to leave the Law a riddle for want
of 2 such little moderate ones as these.
168 § 56
Appeal
A person's thinking himself aggrieved, tho' made a
condition of his being permitted to appeal, is one of those
matters facts which like the instigation of the Devil in
a Murder, it is not necessary to bring witnesses to
prove: if nothing was said about either of them, the
Law would not be much the worse.
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